Retiring Pension Reform: An Analysis of In re Pension Reform Litigation, 2015 IL 118585, 32 N.E.3d 1
Abstract
Illinois’ dwindling financial condition is near an all-time low. In response, the Illinois General Assembly has attempted to reduce the fiscal burden by statutorily decreasing the benefits allotted to state pensioners, despite the pension protection clause of the Illinois Constitution. In 2013, the General Assembly passed Public Act 98-599, which lowered the pension benefits allotted to state employees who began contributing to the pension system before January 1, 2011. In In re Pension Reform Litigation, the Illinois Supreme Court deemed this measure unconstitutional.
This Note argues that the Illinois Supreme Court reached the correct decision. However, rather than determining what the State cannot do, alleviating the financial burden requires discussion of the constitutionally-sound remedies available. Accordingly, this Note both engages with the court’s suggestions and proposes several other pension-related options that may help mitigate Illinois’ fiscal crisis.
Recommended Citation
Casey Fitzgerald,
Retiring Pension Reform: An Analysis of In re Pension Reform Litigation, 2015 IL 118585, 32 N.E.3d 1,
41
S. Ill. U. L.J.
323
(2017).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol41/iss2/12